BILL REQ. #:  S-2432.1 

READ FIRST TIME 02/28/07.   

     AN ACT Relating to the Washington assessment of student learning; amending RCW 28A.655.061, 28A.655.065, and 28A.155.045; adding new sections to chapter 28A.655 RCW; providing an expiration date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 28A.655.061 and 2006 c 115 s 4 are each amended to read as follows:
     (1) The high school assessment system shall include but need not be limited to the Washington assessment of student learning, opportunities for a student to retake the content areas of the assessment in which the student was not successful, and if approved by the legislature pursuant to subsection (10) of this section, one or more objective alternative assessments for a student to demonstrate achievement of state academic standards. The objective alternative assessments for each content area shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning for each content area.
     (2) Subject to the conditions in this section, a certificate of academic achievement shall be obtained by most students at about the age of sixteen, and is evidence that the students have successfully met the state standard in the content areas included in the certificate. With the exception of students satisfying the provisions of RCW 28A.155.045 or section 5 of this act, acquisition of the certificate is required for graduation from a public high school but is not the only requirement for graduation.
     (3) Beginning with the graduating class of 2008, with the exception of students satisfying the provisions of RCW 28A.155.045, a student who meets the state standards on the reading((,)) and writing((, and mathematics)) content areas of the high school Washington assessment of student learning shall earn a certificate of academic achievement. Beginning with the graduating class of 2010, a student who meets the state standard in science, as provided in this section, shall earn a certificate of academic achievement. If a student does not successfully meet the state standards in one or more content areas required for the certificate of academic achievement, then the student may retake the assessment in the content area up to four times at no cost to the student. If the student successfully meets the state standards on a retake of the assessment then the student shall earn a certificate of academic achievement. Once objective alternative assessments are authorized pursuant to subsection (10) of this section, a student may use the objective alternative assessments to demonstrate that the student successfully meets the state standards for that content area if the student has retaken the Washington assessment of student learning at least once. If the student successfully meets the state standards on the objective alternative assessments then the student shall earn a certificate of academic achievement.
     (4) Beginning with the graduating class of ((2010)) 2011, a student must meet the state standards in science in addition to the other content areas required under subsection (3) of this section on the Washington assessment of student learning or the objective alternative assessments in order to earn a certificate of academic achievement.
     (5) The state board of education may not require the acquisition of the certificate of academic achievement for students in home-based instruction under chapter 28A.200 RCW, for students enrolled in private schools under chapter 28A.195 RCW, or for students satisfying the provisions of RCW 28A.155.045.
     (6) A student may retain and use the highest result from each successfully completed content area of the high school assessment.
     (7) Beginning in 2006, school districts must make available to students the following options:
     (a) To retake the Washington assessment of student learning up to four times in the content areas in which the student did not meet the state standards if the student is enrolled in a public school; or
     (b) To retake the Washington assessment of student learning up to four times in the content areas in which the student did not meet the state standards if the student is enrolled in a high school completion program at a community or technical college. The superintendent of public instruction and the state board for community and technical colleges shall jointly identify means by which students in these programs can be assessed.
     (8) Students who achieve the standard in a content area of the high school assessment but who wish to improve their results shall pay for retaking the assessment, using a uniform cost determined by the superintendent of public instruction.
     (9) Subject to available funding, the superintendent shall pilot opportunities for retaking the high school assessment beginning in the 2004-05 school year. Beginning no later than September 2006, opportunities to retake the assessment at least twice a year shall be available to each school district.
     (10)(a) The office of the superintendent of public instruction shall develop options for implementing objective alternative assessments, which may include an appeals process in addition to the appeals process through the educational service districts established in section 2 of this act, for students to demonstrate achievement of the state academic standards. The objective alternative assessments shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning and be objective in its determination of student achievement of the state standards. Before any objective alternative assessments in addition to those authorized in RCW 28A.655.065 or (b) of this subsection are used by a student to demonstrate that the student has met the state standards in a content area required to obtain a certificate, the legislature shall formally approve the use of any objective alternative assessments through the omnibus appropriations act or by statute or concurrent resolution.
     (b) A student's score on the mathematics, reading or English, or writing portion of the preliminary scholastic assessment test (PSAT), the scholastic assessment test (SAT), or the American college test (ACT) may be used as an objective alternative assessment under this section for demonstrating that a student has met or exceeded the ((mathematics)) state standards for the certificate of academic achievement. The state board of education shall identify the scores students must achieve on the ((mathematics)) relevant portion of the PSAT, SAT, or ACT to meet or exceed the state standard ((for mathematics)) in the relevant content area on the Washington assessment of student learning. The state board of education shall identify the first reading, English, and writing scores by December 1, ((2006)) 2007, and thereafter may increase but not decrease the scores required for students to meet or exceed the state ((standard for mathematics)) standards.
     (c) A student who scores at least a three on the grading scale of one to five for selected advance placement examinations may use the score as an objective alternative assessment under this section for demonstrating that a student has met or exceeded state standards for the certificate of academic achievement. A score of three on the advance placement examinations in calculus or statistics may be used as an alternative assessment for the mathematics portion of the Washington assessment of student learning. A score of three on the advance placement examinations in English language and composition or in English literature and composition may be used as an alternative assessment for the writing portion of the Washington assessment of student learning. A score of three on the advance placement examinations in macroeconomics, microeconomics, psychology, United States history, world history, United States government and politics, or comparative government and politics may be used as an alternative assessment for the reading portion of the Washington assessment of student learning.
     (d) A student who passes certain international baccalaureate diploma programme examinations may use the examination as an objective alternative assessment under this section for demonstrating that a student has met or exceeded state standards for the certificate of academic achievement. The international baccalaureate diploma programme examination in literature may be used as an alternative assessment for the reading or writing portion of the Washington assessment of student learning. The international baccalaureate diploma programme examination in mathematics may be used as an alternative assessment for the mathematics portion of the Washington assessment of student learning.
     (e) The state board of education shall review the list of board-approved tenth grade level standardized student achievement tests approved under RCW 28A.200.010, and designate three of the tests to serve as an objective alternative assessment under this section for demonstrating that a student has met or exceeded state standards for the certificate of academic achievement. Upon the request of a student who is seeking to use one of the designated tests as an objective alternative, a school district shall obtain and administer the test to the student. By September 1, 2007, the state board of education shall determine the score that a student must obtain on each designated test for the test for the student to obtain a certificate of academic achievement.
     (11) The superintendent of public instruction shall develop end-of-course examinations for all content areas assessed on the Washington assessment of student learning to serve as objective alternative assessments under this section for demonstrating that a student has met or exceeded state standards for the certificate of academic achievement. The superintendent shall begin development of such examinations with the content area of mathematics, including end-of-course examinations in algebra I and II and geometry, and shall implement the end-of-course examinations in mathematics in the 2008-09 school year.
     (12) The superintendent shall notify the legislature of any contemplated or finalized changes.
     (13) By December 15, 2004, the house of representatives and senate education committees shall obtain information and conclusions from recognized, independent, national assessment experts regarding the validity and reliability of the high school Washington assessment of student learning for making individual student high school graduation determinations.
     (((12))) (14) To help assure continued progress in academic achievement as a foundation for high school graduation and to assure that students are on track for high school graduation, each school district shall prepare student success plans for ((students as provided in this subsection (12).
     (a) Student learning plans are required for)) eighth through twelfth grade students who were not successful on any or all of the content areas of the Washington assessment for student learning during the previous school year. The plan shall be a comprehensive intervention plan to assist the student in continued academic progress and shall include the courses, competencies, and other steps needed to be taken by the student to meet state academic standards and stay on track for graduation. ((This requirement shall be phased in as follows:
     (i) Beginning no later than the 2004-05 school year ninth grade students as described in this subsection (12)(a) shall have a plan.
     (ii) Beginning no later than the 2005-06 school year and every year thereafter eighth grade students as described in this subsection (12)(a) shall have a plan.
     (iii)))
     (a) The plan shall require the school district to offer and the student to take a required class or academy in the content area in which the student did not meet state standards on the Washington assessment of student learning until the student does meet the state standard. The plan may require the following:
     (i) The school district to offer and the student to take before-or-after school sessions, Saturday school, and/or summer school; and
     (ii) A test preparation class to assist the student in preparation for the assessment the student will be taking to earn the certificate of achievement.
     (b) The parent or guardian of each student with a student success plan shall be notified, preferably through a parent conference, of the student's results on the Washington assessment of student learning, actions the school intends to take to improve the student's skills in any content area in which the student was unsuccessful, strategies to help them improve their student's skills, and the content of the student's plan.
     (((iv))) (c) The student success plan shall include semiannual academic growth benchmarks for the student to meet. Progress made on the ((student)) plan and any adjustments to be made to maintain or increase the student's academic growth shall be reported to the student's parents or guardian and the superintendent of public instruction at least semiannually ((and adjustments to the plan made as necessary)).
     (((b) Beginning with the 2005-06 school year and every year thereafter,)) (d) The school shall develop a more intensive plan for any student who does not meet the semiannual benchmarks in consecutive periods. The student, the student's parent or guardian, the student's classroom teacher or teachers, the counselor, and the principal shall meet to develop the plan.
     (e) If ten percent of the students with a student success plan within a school district do not meet the semiannual benchmarks established in the plan as required by this section, then the superintendent of public instruction shall develop a tiered intervention plan for the school district that provides a graduated series of increasingly intensive intervention strategies for the district and the schools in which the benchmarks are not being met.
     (15) All fifth and sixth grade students who were not successful in one or more of the content areas of the ((fourth grade)) Washington assessment of student learning shall have a student ((learning)) success plan.
     (((i))) (a) The parent or guardian of a student described in this subsection (((12)(b))) (15) shall be notified, preferably through a parent conference, of the student's results on the Washington assessment of student learning, actions the school intends to take to improve the student's skills in any content area in which the student was unsuccessful, and provide strategies to help them improve their student's skills.
     (((ii))) (b) Progress made on the student plan shall be reported to the student's parents or guardian at least semiannually and adjustments to the plan made as necessary.

Sec. 2   RCW 28A.655.065 and 2006 c 115 s 1 are each amended to read as follows:
     (1) The legislature has made a commitment to rigorous academic standards for receipt of a high school diploma. The primary way that students will demonstrate that they meet the standards in reading((,)) and writing((, mathematics, and science)) is through the Washington assessment of student learning. Once the end-of-course examinations are developed for mathematics and science, as provided in RCW 28A.655.061, then these end-of-course examinations shall be the primary way that students demonstrate they meet the standards in mathematics and science. Only objective assessments that are comparable in rigor to the state assessment are authorized as an alternative assessment. Before seeking an alternative assessment, the legislature expects students to make a genuine effort to meet state standards, through retaking the Washington assessment of student learning; regular and consistent attendance at school; and participation in extended learning and other assistance programs.
     (2) Under RCW 28A.655.061, beginning in the 2006-07 school year, the superintendent of public instruction shall implement objective alternative assessment methods as provided in this section for students to demonstrate achievement of the state standards in content areas in which the student has not yet met the standard on the high school Washington assessment of student learning. A student may access an alternative if the student meets applicable eligibility criteria in RCW 28A.655.061 and other eligibility criteria established by the superintendent of public instruction, including but not limited to attendance criteria and participation in the remediation or supplemental instruction contained in the student learning plan developed under RCW 28A.655.061. A school district may waive attendance and/or remediation criteria for special, unavoidable circumstances.
     (3) For the purposes of this section, "applicant" means a student seeking to use one of the alternative assessment methods in this section.
     (4) One alternative assessment method shall be a combination of the applicant's grades in applicable courses and the applicant's highest score on the high school Washington assessment of student learning, as provided in this subsection. The superintendent of public instruction shall determine which high school courses are applicable to the alternative assessment method and shall issue guidelines to school districts.
     (a) Using guidelines prepared by the superintendent of public instruction, a school district shall identify the group of students in the same school as the applicant who took the same high school courses as the applicant in the applicable content area. From the group of students identified in this manner, the district shall select the comparison cohort that shall be those students who met or slightly exceeded the state standard on the Washington assessment of student learning.
     (b) The district shall compare the applicant's grades in high school courses in the applicable content area to the grades of students in the comparison cohort for the same high school courses. If the applicant's grades are equal to or above the mean grades of the comparison cohort, the applicant shall be deemed to have met the state standard on the alternative assessment.
     (c) An applicant may not use the alternative assessment under this subsection (4) if there are fewer than six students in the comparison cohort.
     (5) The superintendent of public instruction shall develop an alternative assessment method that shall be an evaluation of a collection of work samples prepared and submitted by the applicant, as provided in this subsection and, for career and technical applicants, the additional requirements of subsection (6) of this section.
     (a) The superintendent of public instruction shall develop guidelines for the types and number of work samples in each content area that may be submitted as a collection of evidence that the applicant has met the state standard in that content area. Work samples may be collected from academic, career and technical, or remedial courses and may include performance tasks as well as written products. The superintendent shall submit the guidelines for approval by the state board of education.
     (b) The superintendent shall develop protocols for submission of the collection of work samples that include affidavits from the applicant's teachers and school district that the samples are the work of the applicant and a requirement that a portion of the samples be prepared under the direct supervision of a classroom teacher. The superintendent shall submit the protocols for approval by the state board of education.
     (c) The superintendent shall develop uniform scoring criteria for evaluating the collection of work samples and submit the scoring criteria for approval by the state board of education. Collections shall be scored at the state level or regionally by a panel of educators selected and trained by the superintendent to ensure objectivity, reliability, and rigor in the evaluation. An educator may not score work samples submitted by applicants from the educator's school district. If the panel awards an applicant's collection of work samples the minimum required score, the applicant shall be deemed to have met the state standard on the alternative assessment.
     (d) Using an open and public process that includes consultation with district superintendents, school principals, and other educators, the state board of education shall consider the guidelines, protocols, scoring criteria, and other information regarding the collection of work samples submitted by the superintendent of public instruction. The collection of work samples may be implemented as an alternative assessment after the state board of education has approved the guidelines, protocols, and scoring criteria and determined that the collection of work samples: (i) Will meet professionally accepted standards for a valid and reliable measure of the grade level expectations and the essential academic learning requirements; and (ii) is comparable to or exceeds the rigor of the skills and knowledge that a student must demonstrate on the Washington assessment of student learning in the applicable content area. The state board shall make an approval decision and determination no later than December 1, 2006, and thereafter may increase the required rigor of the collection of work samples.
     (e) By September of 2006, the superintendent of public instruction shall develop informational materials for parents, teachers, and students regarding the collection of work samples and the status of its development as an alternative assessment method. The materials shall provide specific guidance regarding the type and number of work samples likely to be required, include examples of work that meets the state learning standards, and describe the scoring criteria and process for the collection. The materials shall also encourage students in the graduating class of 2008 to begin creating a collection if they believe they may seek to use the collection once it is implemented as an alternative assessment.
     (6)(a) For students enrolled in a career and technical education program approved under RCW 28C.04.110, the superintendent of public instruction shall develop additional guidelines for a collection of work samples that evidences that the collection:
     (i) Is relevant to the student's particular career and technical program;
     (ii) Focuses on the application of academic knowledge and skills within the program;
     (iii) Includes completed activities or projects where demonstration of academic knowledge is inferred; and
     (iv) Is related to the essential academic learning requirements and state standards that students must meet to earn a certificate of academic achievement or certificate of individual achievement, but also represents the knowledge and skills that successful individuals in the career and technical field of the approved program are expected to possess.
     (b) To meet the state standard on the alternative assessment under this subsection (6), an applicant must also attain the state or nationally recognized certificate or credential associated with the approved career and technical program.
     (c) The superintendent shall consult with community and technical colleges, employers, the work force training and education coordinating board, apprenticeship programs, and other regional and national experts in career and technical education to create an appropriate collection of work samples and other evidence of a career and technical student's knowledge and skills on the state academic standards.
     (7) The superintendent of public instruction shall study the feasibility of using existing mathematics assessments in languages other than English as an additional alternative assessment option. The study shall include an estimation of the cost of translating the tenth grade mathematics assessment into other languages and scoring the assessments should they be implemented.
     (8) The superintendent of public instruction shall implement:
     (a) By June 1, 2006, a process for students to appeal the score they received on the high school assessments; and
     (b) By January 1, 2007, guidelines and appeal processes for waiving specific requirements in RCW 28A.655.061 pertaining to the certificate of academic achievement and to the certificate of individual achievement for students who: (i) Transfer to a Washington public school in their junior or senior year with the intent of obtaining a public high school diploma, or (ii) have special, unavoidable circumstances.
     (9) Each educational service district shall establish an appeals panel comprised of educators of the relevant content areas on the Washington assessment of student learning to review and decide appeals submitted by students who did not meet the state standard on the Washington assessment of student learning or an objective alternative assessment. The appeal shall not be an appeal established in subsection (8) of this section, but an appeal by a student to demonstrate that he or she has a level of understanding of a content area assessed on the Washington assessment of student learning that is sufficient to meet the state standard, but due to certain circumstances was unable to demonstrate this level of understanding on the assessment.
     (10) The superintendent of public instruction may adopt rules to implement this section.

NEW SECTION.  Sec. 3   A new section is added to chapter 28A.655 RCW to read as follows:
     (1) English language learners who score at the intermediate level two or below on the Washington language proficiency test or the equivalent level of the evaluation used by the superintendent of public instruction to assess the English and academic proficiency of English language learners under RCW 28A.180.090, shall not be required to take the Washington assessment of student learning, except as required by federal law.
     (2) Each school district shall prepare a student success plan for every student who meets the criteria provided in subsection (1) of this section. The student success plan shall be a comprehensive intervention plan and shall include the courses, competencies, and other steps needed to be taken by the student, school, and school district to assist the student in continued progress towards English and academic proficiency, including obtaining a certificate of academic achievement by the time the student is age twenty-one. The plan may include before-or-after school sessions, Saturday school, and/or summer school.

Sec. 4   RCW 28A.155.045 and 2004 c 19 s 104 are each amended to read as follows:
     Beginning with the graduating class of 2008, students served under this chapter, who are not appropriately assessed by the high school Washington assessment system as defined in RCW 28A.655.061, even with accommodations, may earn a certificate of individual achievement. The certificate may be earned using multiple ways to demonstrate skills and abilities commensurate with their individual education programs. The determination of whether the high school assessment system is appropriate shall be made by the student's individual education program team. Except as provided in section 5 of this act, for these students, the certificate of individual achievement is required for graduation from a public high school, but need not be the only requirement for graduation. When measures other than the high school assessment system as defined in RCW 28A.655.061 are used, the measures shall be in agreement with the appropriate educational opportunity provided for the student as required by this chapter. The superintendent of public instruction shall develop the guidelines for determining which students should not be required to participate in the high school assessment system and which types of assessments are appropriate to use.
     When measures other than the high school assessment system as defined in RCW 28A.655.061 are used for high school graduation purposes, the student's high school transcript shall note whether that student has earned a certificate of individual achievement.
     Nothing in this section shall be construed to deny a student the right to participation in the high school assessment system as defined in RCW 28A.655.061, and, upon successfully meeting the high school standard, receipt of the certificate of academic achievement.

NEW SECTION.  Sec. 5   A new section is added to chapter 28A.655 RCW to read as follows:
     (1) For the graduating classes of 2008 and 2009, students may graduate from high school without earning a certificate of academic achievement or a certificate of individual achievement if they:
     (a) Have not successfully met the mathematics standard on the high school Washington assessment of student learning, an approved objective alternative assessment in mathematics, or an alternate assessment developed for eligible special education students;
     (b) Have successfully met the state standard in the other content areas required for a certificate under RCW 28A.655.061 or 28A.155.045;
     (c) Have met all other state and school district graduation requirements; and
     (2) In addition to the requirements under subsection (1) of this section, for the graduating classes of 2008 and 2009, students must:
     (a) Continue to annually take high school mathematics courses designed to increase the individual student's mathematics proficiency toward meeting or exceeding the mathematics standards assessed on the high school Washington assessment of student learning;
     (b) Obtain at least the equivalent of a C grade in each of the mathematics courses taken; and
     (c) Continue to take the appropriate mathematics assessment until graduation.
     (3) This section expires July 1, 2010.

NEW SECTION.  Sec. 6   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.